How Expungement Legal Services Work

Sep12

It is one thing if you are arrested and charged with a crime to mount a defense with a reputable attorney. However, if you have already been convicted of a crime, even if you have served your sentence, the repercussions can follow you throughout your life. One of the best ways to prevent a past conviction from affecting your life is to see if you can get it expunged.

Prior Convictions

Even a so-called minor offense is on your record and can cost you down the road. Employers can do background checks to see if you qualify for a position. A minor theft conviction in your history may cost your the opportunity. Landlords can also deny renting to you if they feel you have a past that puts them at risk. An expungement can remove that history, so you will be able to apply for jobs and rentals without fear. In Minnesota, your arrest and booking records can also be expunged, as well as any records that the Minnesota Bureau of Criminal Apprehension may have as well.

First Method for Obtaining an Expungement

Under Minnesota statute, if you have an offense related to controlled substances it will automatically be eligible for expungement. While they are all eligible, you would still have to file a petition. If your petition is successful, then all records related to the arrest and conviction will no longer be available to the public. For juvenile offenders, the process is a little simpler, but similar.

Second Method

The other way to get records expunged is by the “inherent judicial authority of the Courts.” This means that if you and the conviction meet certain requirements, you can be eligible to petition for expungement. You must again file a petition, which involves filling out affidavit that outlines how the conviction has affected your life negatively, and other documents pertaining to your situation. What the Court will decide is whether the benefits you might get out of expungement will outweigh any disadvantages to society.

If you do wish to get an expungement, it is important to get a reliable attorney to help with your petition. Doing it yourself just leaves you open to mistakes that could cost you a positive outcome.